UNITED INDIA INSURANCE CO LTD Vs. DEDRI

JUDGEMENT

(1.) THIS civil first miscellaneous appeal is directed against the award and judgment dated 20. 9. 2007 passed by Motor Accidents Claims Tribunal, Baramulla in claim petition titled dedri v. Habibullah Malla (for short 'the impugned award' ). Brief facts:

(2.) ONE Prithipal Singh, a driver, was driving the truck bearing registration No. JK 01-B 0566 on 9. 6. 1997 and caused an accident near Peeda Batote due to rash and negligent driving as averred. The offending vehicle/truck rolled down into river chenab and the driver, Prithipal Singh; conductor, Farooq Ahmad Gujree and two passengers, namely, Ahmad Ali Hajam and Mohammad Maqbool Hajam died. The claimant-respondent No. 1, Dedri, being the mother of the deceased, Farooq ahmad Gujree, conductor filed a claim petition before the Tribunal for awarding compensation to the tune of Rs. 38,30,000. It is averred in claim petition that deceased farooq Ahmad Gujree was conductor by profession and was earning Rs. 5,000 per month and she has been deprived of hope, income and help during the old age. The respondent Nos. 2 and 3 are the owners and appellant insurance company, United india Insurance Co. Ltd. , is the insurer.

(3.) INSURER appellant resisted the claim petition and disputed the liability by taking a defence that the driver, Prithipal Singh was not having valid and effective driving licence at the relevant point of time. The owners, respondent Nos. 2 and 3 have also filed reply and have stated that Habibullah malla, respondent No. 2 is the owner of the offending vehicle.